You’re dealing with an Australian family law mediation (s 60I certificate, AVO), so I’ll frame this as a **practical checklist** you can use to prepare and then run the mediation from Monia’s side. I’ll assume: - Monia = mother - Child = Ezekiel - Father = Peter Long Nguyen - There is an AVO protecting Monia from Peter (5 years, 100m) You should still check your local court rules, practice directions, and your own firm’s precedents. --- ## 1. Pre‑mediation: what instructions to take from Monia ### (A) Background facts – get them clear and ordered 1. **Relationship history (short):** - Date cohabitation/marriage started and ended. - Dates of separation and any reconciliations. - Brief history of parenting roles (who was primary carer, work patterns, etc.). 2. **Child details:** - Full name, DOB, age of Ezekiel. - Any **special needs**: medical, developmental, learning, behavioural. - School, year level, school reports (if relevant). - Existing routines: bedtime, homework, extracurricular, religious/cultural practices. 3. **Current parenting arrangements (factual):** - Who Ezekiel lives with now (Monia), how long this has been the case. - Current time with father: - Where (public place, supervised by whom?). - How often (days/times, duration). - Any variation during holidays/special days. - How handovers are done given the AVO (e.g., third party, contact centre, etc.). 4. **Other court orders/agreements:** - Any interim/final parenting orders already in place? - Any written parenting plan or informal agreement? - Any current **children’s court** or **ADVO/AVO** conditions relevant to children. - Any pending family law or criminal proceedings involving the parents. 5. **Family violence / safety issues:** - Details of AVO: basis, exact conditions (especially regarding contact, proximity, communication). - Any history of physical, emotional, financial, coercive control. - Any specific risk to Ezekiel (direct or through exposure). - Whether there has been any **risk assessment** done (family consultant, FDR service, child protection). ### (B) Monia’s concerns and goals Ask very explicitly: 1. **Safety concerns:** - Is she concerned about her own physical/emotional safety at mediation or during handovers? - Is she concerned about Ezekiel’s safety with father? In what specific ways? 2. **Parenting concerns:** - What worries her about Ezekiel’s **living arrangements**? (e.g. stability, routines, father’s behavior, exposure to conflict?). - Concerns about father’s parenting: alcohol, drugs, mental health, anger, parenting capacity, neglect, etc. - Any concerns about father’s partner/household members. 3. **Monia’s desired outcomes (short, medium, long term):** - **Where does she want Ezekiel to live?** (presumably primarily with her). - What child‑spends‑time‑with‑father arrangement would she accept **today**, given current risk? - What is her best‑case realistic outcome? Her bottom line? What is non‑negotiable? 4. **Practical constraints:** - Work/study schedules of each parent. - Distance between homes, transport issues. - Child’s school and extracurricular timetable. - Support network: grandparents, relatives, friends who can supervise/help. ### (C) Risk, suitability and logistics of mediation Given the **AVO**, you must be clear on how mediation will be conducted: - **Shuttle or online mediation** so Monia and Peter are never in the same room (and comply with the AVO). - Whether Monia consents to **joint sessions** at all; if not, ask the FDR service for shuttle or separate sessions. - Confirm: - Who will be present (parties, lawyers, support persons). - Whether the mediator has done **family violence risk screening**. - Safety arrangements for arrival/departure from the venue. ### (D) Substantive parenting instructions Talk these through in detail so you can negotiate confidently. 1. **“Lives with” proposal:** - Does Monia want orders that Ezekiel **lives with** her. - Any time Ezekiel spends overnight with father now? If not, is she open to that in future, and under what conditions? 2. **“Spends time with” proposals (phased approach):** Consider proposing **staged progression**, subject to safety and the child’s adjustment, for example: - **Stage 1 – supervised, short time in public or at contact centre.** - Frequency: e.g. 2 hours once a week. - Supervisor: professional centre / agreed family member / friend. - Location: neutral and safe. - **Stage 2 – unsupervised day visits only (no overnights)** if safe and appropriate. - E.g. Saturdays 10 am–4 pm. - Handover arrangements (no breach of AVO). - **Stage 3 – introduction of overnights** (if appropriate over time). - E.g. alternate weekends from Friday after school to Sunday 4 pm. - School holiday time. For each stage, get instructions on: - What Monia could accept now. - What she would need (e.g. father to do a parenting program, DV program, anger management, drug screens, etc.) before moving stages. - Use **review points** – e.g., arrangements to be reviewed after 3 or 6 months, possibly with the help of the mediator or via lawyers. 3. **Communication:** - Because of the AVO, how should they communicate? - Common options: - **Parenting app** (e.g. My Family Wizard, OurFamilyWizard, etc.). - Via email or text within AVO exceptions (if allowed). - Via third party (not ideal but sometimes necessary). - Get instructions: what method makes Monia feel safest and complies with the AVO? 4. **Handover logistics given the AVO:** - Handovers at: - School (one parent drops off, the other collects). - Contact centre. - Third‑party relative’s house. - No direct contact, no proximity within prohibited distance. 5. **Special days & holidays:** - Birthdays (child’s and parents’). - Christmas, Easter, Eid, Lunar New Year, other religious/cultural days. - School holidays: split equally, or proportionately; how exactly (1‑ or 2‑week blocks, etc.). 6. **Parental responsibility:** - Does Monia accept **equal shared parental responsibility** for long‑term issues (education, health, religion, name), or does she seek **sole parental responsibility** due to family violence/risk? - If shared: - How will they confer (given AVO): email/parenting app. - If sole: - What specific decisions would she hold? (health, education, religion, etc.). - Be ready to articulate why (risk, history of non‑cooperation, AVO, etc.). 7. **Other important areas:** - Travel: can father take the child interstate/overseas? Passport arrangements, consent needed, notice periods. - Change of school or residence: notice/consultation requirements. - Health: consent to routine vs. non‑routine treatment, how information is shared. --- ## 2. Your role / what you do at the mediation ### (A) Before the session - Provide the mediator with: - A short **position paper** or summary letter (if invited), setting out: - Background and current arrangements. - Risk/family violence issues and AVO. - Monia’s proposals (lives with / spends time with). - Particular issues needing focus. - Confirm the **AVO conditions** with the mediator and ask for: - Shuttle / separate rooms or online arrangements. - Clear safety protocols. ### (B) At the start – your approach Your job is to: - Protect Monia’s legal and safety interests. - Keep the focus on the **best interests of Ezekiel** (as per the Family Law Act). - Help Monia negotiate, reality‑test proposals, and avoid unsafe or unworkable arrangements. In opening (if you’re invited to speak): 1. **Acknowledge mediator’s role and process.** 2. **State Monia’s core priorities**, e.g. (in your own words): - Ezekiel’s safety and emotional stability. - A child‑focused, structured arrangement for Ezekiel to have a relationship with his father, to the extent it is safe and in his best interests. 3. **Flag the AVO and need for safety-compliant arrangements.** 4. Indicate your client is **open to agreement** if: - It protects Ezekiel and Monia. - It is practical and clear. Keep it calm, neutral, and non‑inflammatory. ### (C) During the negotiation Your main tasks: - **Clarify issues**: make sure the mediator and Peter’s side understand the key disputes (living arrangements, time with father, supervision, communication, handover, holidays, parental responsibility). - **Protect the legal framework**: - Keep best interests factors in mind (relationship with each parent, safety from harm, need for stability, views of the child depending on age, etc.). - **Reality‑test proposals**: - Check proposals against the AVO (no breaches). - Check practicalities (work hours, distance, school). - Check emotional impact on Ezekiel. - **Take instructions frequently**: - In private sessions (if any), check with Monia whether she can accept or reject each offer, and under what conditions. - **Manage concessions**: - Help Monia understand “give and take” while holding clear bottom lines (non‑negotiable safety issues). Use questions like: - “If we tried that for three months, what would worry you most?” - “Could that work if we added supervision/changed the handover point?” - “What would make this feel safer for you and for Ezekiel?” ### (D) Safety & AVO compliance - Object or pause if any proposal would **breach the AVO** (e.g., handovers that require close contact). - Ensure **no pressure** is placed on Monia to agree to unsafe arrangements. - If at any point you believe mediation is **inappropriate or unsafe**, you can: - Ask for a break. - Ask the mediator to conduct the rest in shuttle. - Ultimately advise your client to disengage from mediation and rely on the s 60I certificate to commence or continue proceedings. --- ## 3. What to say “as Monia’s lawyer” Use clear, non‑accusatory language. Examples: - *“Our concern is that any arrangement must comply fully with the AVO and ensure that Monia does not have to be in contact with Peter. So we propose that all handovers occur at Ezekiel’s school/contact centre/through a third party.”* - *“Monia accepts that it is generally beneficial for Ezekiel to have a relationship with his father, provided it is safe. Given the history that led to the AVO, we propose that time initially remain supervised at [contact centre/public place] for [X months], to be reviewed afterwards.”* - *“In relation to parental responsibility, Monia seeks [sole/shared] parental responsibility for long‑term decisions because [brief reason, e.g. family violence, inability to cooperate, risk issues].”* - *“We’re open to a structured progression of time, for example: supervised day time for three months, then if there are no concerns and subject to review, progressing to longer day visits, and then possibly overnights at a later stage if appropriate.”* - *“We would like to record arrangements for school holidays and significant days, so there is clarity and less conflict going forward.”* You can also ask the mediator to frame complex or sensitive matters in child‑focused terms. --- ## 4. Templates / guides for consent orders & parenting plans You will want: 1. **Structure of orders/plan** Typically, headings or clauses along these lines: - Parties and child details. - **Parental responsibility**: - Sole or equal shared parental responsibility. - How consultation/communication is to occur. - **Lives with**: - Child lives with [Monia]. - **Spends time with**: - Detailed schedule: - Term‑time (weekdays/weekends). - Holiday time (school holidays). - Special days (birthdays, Christmas, other holidays). - Changeover locations and times. - Supervision details (if any). - Any staged progression and review dates. - **Communication**: - Between parent and child (phone/FaceTime, frequency/duration). - Between parents (parenting app/email/through lawyers/subject to AVO). - **Travel**: - Limits (no overseas without written consent, etc.). - Passport arrangements. - **Information sharing**: - School, medical providers to share information with both parents. - **Dispute resolution / review**: - How arrangements will be reviewed (further mediation, etc.). 2. **Language tips** - Use **clear, specific times** (e.g. “from 3:30 pm Friday to 4:00 pm Sunday”) instead of vague “weekends”. - Define **changeover points** precisely (e.g. “outside the main entrance of [child’s school]”). - If there is supervision: - Name the supervisor or “as agreed in writing between the parties”. - State who pays (if at a contact centre). - Build in **contingencies**: what happens if a parent is late, child is ill, or parent is unavailable. 3. **Sources for sample wording** While I can’t paste full precedents, broadly you can look for: - Court‑published guides on **parenting orders** and **parenting plans** (Family Court/Federal Circuit and Family Court resources). - Community legal centre materials on parenting order examples. - Your own firm’s or colleagues’ precedents. - Textbook or service precedents (e.g. LexisNexis/Thomson Reuters services) if you have access. If you like, I can next: - Help you **draft a detailed “without prejudice” proposal** (worded as if to send to the other side/mediator). - Or create a **sample set of parenting consent orders** using generic names that you can then adapt to your jurisdiction and your own precedents.

**Addressing limitations and guidance** I can't access the intranet PDF, so I need to rely on general information while still tailoring it as much as I can. I'll inform the user about my limitations and ask them to paste any relevant excerpts if they can. Next, I'll create a structured list of questions for the lawyer to ask Monia and outline the mediation process along with sample parenting plans. I already provided a high-level structure, but now I'll focus on specific questions grouped by topics.**Explaining mediation in family law** I’m detailing the mediation process within the context of Australian family law, specifically under section s60I. This includes discussing key components like the Family Dispute Resolution (FDR), the lawyer's role, and the structure of sessions—intake, opening, issue identification, and negotiation. I'll also outline the preparation expected before, during, and after mediation, emphasizing risk assessments and drafting agreements. Additionally, I’ll provide examples of parenting order clauses using bullet points, ensuring I avoid any proprietary wording while being careful not to offer legal advice that could breach jurisdiction.**Creating questions and templates** The user wants a list of questions to ask Monia based on the attached documents. Since I don’t know the specifics, I’ll develop a theme-based question list with generic stems like, "In the [document type] dated [date], it says ; is that accurate? Anything to add?" I'll include placeholders for the user to fill in. I’ll also propose a mediation preparation template titled "Monia mediation conference – brief to counsel/mediator." Additionally, since they requested guidance on consent and parenting orders, I’ll create example clauses like shared parental responsibility for the child.**Drafting parenting clauses and checklist** I need to keep the answer concise while providing sufficient details. For the clause on living arrangements, I'll specify that the child lives with the mother. Then for visitation, I want to outline the time arrangements with a focus on a supervised progression. I’ll ensure my response is structured in sections with headings and use bullet points for clarity. This way, I can create an effective checklist without overly verbose descriptions, since the mediation process is already stable and I don't need to perform further web tasks.I can’t open files on your firm’s intranet (that PDF link is not accessible from here), so I can’t see the specific documents you’re referring to. I’ll give you: 1. A **structured list of questions** you can ask Monia when taking instructions (you can plug in details from her documents where relevant). 2. A **practical overview of the family law mediation / s 60I process** and your role as lawyer. 3. A **guide + sample wording structure** for parenting/consent orders (lives with / spends time with) that you can adapt to your precedents. If you want more tailored questions, you can paste key excerpts (redacted) from any particular document, and I’ll draft questions around those. --- ## 1. Questions to ask Monia when taking instructions Organise your conference roughly under these headings. I’ll phrase them as questions you can ask directly. ### A. Background & chronology - When did you and Peter start living together / marry, and when did you finally separate? - Since separation, has there been any period of reconciliation or resumption of cohabitation? - Who has been the **primary carer** of Ezekiel: - Before separation? - Since separation? - In your own words, what are the **main issues** you want the mediation to resolve? If there are documents: - “In your [affidavit/police statement/AVO application] dated [date], you said [summary]. Is there anything you would correct or add to that now?” --- ### B. Details about Ezekiel - Full name and date of birth of Ezekiel? - How would you describe Ezekiel’s personality and temperament? - Any **medical, developmental, learning or behavioural** issues? - If so: who are his doctors/specialists/school counsellors? - Where does he go to school, what year, and how is he going there (academically and socially)? - What is his usual **daily routine** (school days and weekends)? - What are his **relationships** like with: - You? - Peter (father)? - Siblings/half‑siblings (if any)? - Grandparents or other extended family? --- ### C. Current parenting arrangements (facts) - Where does Ezekiel currently live, and since when has that been the arrangement? - On a typical fortnight: - On which days and times does Ezekiel see or speak to Peter? - Where does that time occur (e.g. park, contact centre, café, relative’s house)? - Who is present (any supervisor, family members)? - Are there **any overnights** with Peter at the moment? - How are **changeovers** currently done? - Who drops off and who collects? - Where does the changeover occur? - What has been **working well** in the current arrangement? - What **problems or incidents** have occurred? (late pickups, no‑shows, conflict at handover, child upset, etc.) Where documents mention arrangements: - “In [document] it says Ezekiel currently sees Peter [X]. Is that accurate? Has that changed recently?” --- ### D. AVO / family violence and risk - Please describe the **AVO**: - When was it made and in which court? - Is it ADVO (police‑initiated) or private? - What are the key conditions (no contact, no approach within 100m, exceptions for children, etc.)? - When does it expire (you’ve said 5 years — confirm start/end dates)? - What specific behaviour led to the AVO being granted? - Have there been any **breaches** of the AVO? If yes: - When, what happened, and outcome (charges, warnings)? - Apart from what is in the AVO, has there been: - Physical violence? - Threats? - Emotional/psychological abuse or coercive control? - Financial abuse? - Are there any **current criminal charges** or child protection involvement (DOCS/DoCS/DHHS, etc.) involving Peter or you? - Do you have **safety concerns**: - For yourself? - For Ezekiel when he is with Peter? - If so, what exactly are you worried about (e.g. anger, alcohol/drugs, unsafe home, new partner, neglect, abduction risk, etc.)? --- ### E. Monia’s goals and bottom lines - In an ideal but realistic world, what **living arrangements** do you want for Ezekiel over the next: - 6–12 months? - 2–3 years? - Do you accept, in principle, that it is generally good for Ezekiel to have a relationship with his father **if it is safe**? - What are your **non‑negotiables**? (e.g. no unsupervised time until X happens, no overnights, no alcohol, etc.) - Are you open to a **staged plan**? For example: - Stage 1: supervised day visits at a centre or public place. - Stage 2: unsupervised day visits. - Stage 3: overnights. If yes: what conditions must be met before moving to the next stage (e.g. completion of program, period without incident, positive reports from child, etc.)? --- ### F. Practicalities: schedules, logistics, third parties - What is your weekly **work/study** schedule? - What do you know of Peter’s work schedule? - How far apart are your homes? Any travel or transport issues? - Are there any **relatives or trusted persons** who: - Could supervise time, now or in future? - Could assist with changeovers to avoid breach of AVO? - What handover locations feel safe and realistic to you (school, contact centre, police station car park, relative’s house, etc.)? - For communication between you and Peter (given the AVO): - Are there exceptions in the AVO for communication about the child? - Would you be comfortable using a **parenting app** (if allowed), or do you want all communication via lawyers/third party? --- ### G. Parental responsibility & decision‑making - Do you want: - **Equal shared parental responsibility** (joint decision‑making) for major long‑term issues; or - **Sole parental responsibility** for some or all major issues, and why (e.g. family violence, lack of cooperation, risk, etc.)? - Are there specific areas you particularly want to control due to risk: - Health / medical? - Education? - Religion / culture? - Overseas travel and passports? --- ### H. Holidays, special days, travel - How do you see time with Peter working on: - School holidays? - Ezekiel’s birthday? - Christmas / other cultural or religious festivals? - Mother’s Day / Father’s Day? - Are you comfortable with Ezekiel travelling: - Within your state? - Interstate? - Overseas? If yes/no, on what conditions (written consent, itinerary, contact details, return dates, etc.)? --- ### I. Child’s views (if age‑appropriate) - Has Ezekiel expressed any views about: - Where he wants to live? - Seeing his father? - If so, what did he say, and how strongly does he feel? - Do you think it would be appropriate for Ezekiel’s views to be conveyed: - Through a family consultant / child‑inclusive process? - Or via an independent children’s lawyer (if appointed later)? --- ### J. Evidence and documents Walk through her documents and link them to your brief: - “In this [medical report/school email] dated [date], it mentions [issue]. Can you explain the background?” - “Are there any other documents (texts, emails, photos, recordings, school reports) that support your concerns or your proposals?” - “Is there anything in these documents that is **out‑of‑date** or that you would correct?” --- ### K. Negotiation strategy and expectations - What do you think Peter is likely to ask for at mediation? - What are you prepared to **offer initially**? - What is the **minimum** you could accept and still feel that Ezekiel and you are safe and his needs are met? - If agreement cannot be reached at mediation, are you prepared to go to court and pursue interim/final parenting orders consistent with your position? --- ## 2. Mediation process (s 60I context) and your role ### A. Typical family law mediation / FDR flow 1. **Intake / screening (pre‑mediation):** - Mediator screens each party separately for family violence, risk, and suitability. - Given the AVO, they should arrange **shuttle** (separate rooms) or **online** mediation; no physical contact. 2. **Opening phase (joint or shuttle):** - Mediator explains: - Role (neutral, not providing legal advice). - Confidentiality and “without prejudice” nature. - The focus on the child’s best interests. - Parties (or their lawyers) give **brief opening statements** about what they want to address. 3. **Issue identification:** - Common issues here: - Where the child lives. - How and when the child spends time with the other parent. - Supervision and safety. - Communication arrangements. - Holidays and special days. - Parental responsibility. 4. **Exploration and option‑generation:** - Mediator helps parties explore different options and proposals. - May move between rooms (shuttle) carrying offers and counter‑offers. 5. **Negotiation and refinement:** - Parties narrow differences and work towards a set of agreed terms (a **“heads of agreement”**). - As lawyer, you reality‑test each proposal with Monia, ensuring: - Safety. - Practicality. - Consistency with the AVO. - Overall best interests of Ezekiel. 6. **Recording agreement / issuing s 60I certificate:** - If agreement: mediator records heads of agreement or a parenting plan; you then draft **consent orders** or final parenting plan for filing. - If no agreement or only partial agreement: - Mediator issues a **s 60I certificate** (e.g. “genuine effort not made” / “genuine effort made but no agreement”). - You can then advise Monia on commencing or continuing court proceedings. --- ### B. Your role as Monia’s lawyer at mediation Before mediation: - Review all documents (AVO, any prior orders, statements, medical/school evidence). - Take detailed instructions using the question sets above. - Prepare a short **position paper** or summary for the mediator (if requested) outlining: - Background. - Current arrangements. - Key risk issues. - Your client’s proposals (lives with / spends time with). - Prepare draft **order structures** in advance so you can plug in details quickly if you reach agreement. At mediation: - Ensure safety and AVO compliance (shuttle/online, safe arrival/departure, no breaches). - In any opening: - Calmly set out Monia’s core aims: child’s safety, stability, and a structured, child‑focused arrangement, subject to the AVO. - During negotiation: - Help Monia understand each proposal (pros/cons, legal risk, practical impact). - Suggest variations that improve safety/practicality (e.g. staged increases, use of contact centre, safe handovers). - Keep the discussion **child‑focused**, not about punishing the other parent. - If proposals become unsafe or unrealistic: - Say so clearly (politely) and explain why they’re not acceptable. - You can ask for a break, private session, or, if necessary, advise Monia to end the mediation. After mediation: - If agreement: draft **consent orders** or a detailed **parenting plan** that: - Is consistent with the AVO. - Is specific and workable. - If no agreement: advise on next steps using the **s 60I certificate**. --- ## 3. Guide and sample structure for parenting / consent orders You’ll need to adapt to your court’s forms and your firm’s precedents. Below is a **structure + sample style of wording** you can use as a guide. ### A. Heading / parties - Identify: - Applicant / Respondent (or parties). - Child: “Ezekiel [full name], born [DOB].” --- ### B. Parental responsibility **Option 1 – Equal shared parental responsibility:** > 1. That the parties have equal shared parental responsibility for all major long‑term issues concerning the child, Ezekiel [surname], born [DOB]. **Option 2 – Sole parental responsibility to Monia (e.g. due to risk):** > 1. That the mother, Monia [full name], have sole parental responsibility for all major long‑term issues concerning the child, Ezekiel [surname], born [DOB]. Or specify issues (e.g. health only, etc.) if needed. --- ### C. Lives with > 2. That the child live with the mother, Monia [full name]. (If shared care is proposed, you’d set out the pattern instead.) --- ### D. Spends time with – supervised / staged You can adopt a **staged model** tailored to the risk level. **Stage 1 – Supervised day time** > 3. That until further order or written agreement between the parties: > (a) The child spend time with the father, Peter [full name], each [day of week] from [time] to [time] at [location/contact centre], such time to be supervised by [name/relationship] / [the staff of X Contact Centre]. > (b) The father is to arrive and depart from the changeover location at least [X] minutes before/after the child and supervisor, so that there is no contact between the parents. > (c) All changeovers are to occur in a manner that is consistent with and does not breach the existing Apprehended Violence Order made on [date] in [Court]. **Stage 2 – Unsupervised day visits (after a period or condition)** > 4. Provided that there have been no significant concerns regarding the child’s safety or welfare during the supervised time in Order 3, from [date] or after [X] months: > (a) The child spend time with the father each [day] from [time] to [time] without supervision. > (b) Changeovers to occur at [child’s school / nominated public place / residence of a third party], with the mother not present at the same time as the father. **Stage 3 – Overnights (if appropriate later)** > 5. From [date] or after [further X months], the child spend time with the father as follows: > (a) On alternate weekends from [time on Friday] to [time on Sunday]. > (b) [Any mid‑week time, e.g. each Wednesday from after school to 7:00 pm, or as agreed in writing.] You can adjust or omit stages depending on what is actually agreed. --- ### E. School holidays and special occasions > 6. School holidays > (a) The parties share the child’s school holiday time equally, such that in each calendar year the child spends one half of the total school holiday periods with each parent. > (b) The specific weeks and changeover times for each school holiday period are to be agreed in writing (including by email or parenting app) at least [X] weeks before the start of each school holiday. Failing agreement, the child spends the **first half** of each holiday with the mother and the **second half** with the father in even‑numbered years, and vice versa in odd‑numbered years. > 7. Special days > (a) On the child’s birthday, if it falls on a day the child would otherwise not be with a parent, that parent may spend time from [time] to [time] at [location]. > (b) On Mother’s Day the child spend time with the mother from [time] to [time], notwithstanding any other order. > (c) On Father’s Day the child spend time with the father from [time] to [time], notwithstanding any other order. > (d) Christmas / other religious or cultural festivals – set out alternating or shared time clearly. --- ### F. Communication (parent–child and parent–parent) **Child with non‑live‑with parent** > 8. When the child is not spending time with the father, the child may communicate with the father by telephone, video call or other electronic means up to [X] times per week for up to [Y] minutes on each occasion, at times reasonably convenient to the child and the mother. **Between the parents (must respect AVO)** > 9. Subject to the terms of the Apprehended Violence Order made on [date], communication between the parties about the child is to occur only by: > (a) [Parenting communication app such as …] and/or > (b) Email to [specified email addresses], > and only for the purposes of making arrangements for the child or exchanging information about the child’s welfare. If the AVO prohibits any direct contact, you might instead specify a third party or communication through lawyers. --- ### G. Information sharing & travel > 10. Each parent is authorised to obtain information about the child directly from the child’s school, doctors and other health or childcare providers. > 11. The parent with whom the child is living must promptly notify the other parent of any serious injury or illness affecting the child. > 12. Neither parent may remove the child from [Australia/State] without the written consent of the other parent or a further order of the Court. --- ### H. Review / dispute resolution clause > 13. The parties agree to review these parenting arrangements after [6/12] months, and before commencing further court proceedings will make a genuine effort to resolve any dispute by family dispute resolution (unless an exemption applies). --- ## How to use this with your documents 1. Go through Monia’s documents and **annotate**: - Key incidents and dates. - Existing patterns of time. - Any professional recommendations (e.g. counselling, supervised contact). 2. Use the question sets to: - Confirm accuracy of each document. - Fill in gaps (e.g. current routines, views, practical constraints). 3. Draft: - A **one‑page mediation brief** (background, issues, proposal). - A **skeleton set of orders** using the structure above with blanks filled (names, times, locations) according to Monia’s instructions. If you’d like, paste a **de‑identified summary** of the main documents (e.g. “AVO says X; GP letter says Y; school email says Z”), and I can help you convert that into a concrete set of draft orders and a mediation opening statement.

Based on the documents provided, I can see this is a complex family law matter involving an AVO and a young child with developmental delays. Let me provide you with a comprehensive guide for your mediation preparation. ## Key Facts from Documents: - **Child**: Ezekiel Nguyen (DOB: 17/01/2024) - currently 2 years old - **Mother**: Monia Nguyen (your client) - **Father**: Peter Long Nguyen - **AVO**: Final order made 3 June 2025, expires 3 June 2030 - **Current arrangements**: Supervised visits in public places - **Child's needs**: Developmental delays requiring physiotherapy and occupational therapy - **DoCJ involvement**: Previous involvement, now closed (caseworker Karen Yiasoumis) ## Questions to Ask Monia During Instructions: ### 1. **Current Living and Care Arrangements** - How long has Ezekiel been living solely with you? - Describe Ezekiel's daily routine (wake time, meals, therapy appointments, bedtime) - Who assists you with Ezekiel's care? (family, friends, childcare) - What are the current supervised visit arrangements exactly? - Where do they occur? - Who supervises? - How often and for how long? - How does Ezekiel respond before, during and after visits? ### 2. **Child's Special Needs and Development** - Can you explain Ezekiel's developmental delays in detail? - What did Dr Theresa Ho (paediatrician) say about his condition? - How many therapy sessions does he need per week? - Has Peter attended any medical or therapy appointments? - Does Peter understand Ezekiel's special needs? - What concerns do you have about Peter's ability to meet these needs? ### 3. **Safety Concerns and AVO Details** - The AVO mentions Peter punched you approximately 15 times - can you describe this incident? - Were there other incidents of violence not mentioned in the AVO? - Has Peter breached the AVO since it was made? - Do you have concerns about Ezekiel's physical safety with Peter? - Are there concerns about Peter's: - Alcohol or drug use? - Mental health? - Anger management? - New partners or household members? ### 4. **Father's Relationship with Child** - Before separation, how involved was Peter in Ezekiel's daily care? - Did he do feeds, nappy changes, bedtime routines? - How does Ezekiel react when he sees Peter now? - Does Ezekiel ask about his father between visits? - Has Peter been consistent with attending scheduled visits? ### 5. **Practical Considerations** - Where does Peter currently live? (The AVO lists 11 Scotchey Street, Prairiewood) - Does he have suitable accommodation for a child? - Does he have car seats, cot, high chair, safety equipment? - What is his work schedule? - Does he have family support? ### 6. **Your Proposals for Mediation** - What do you see as the best arrangement for Ezekiel right now? - Would you consider: - Continuing supervised visits? If so, for how long? - Progressing to unsupervised day visits? Under what conditions? - Future overnight stays? What would need to happen first? - What would make you feel safe about handovers given the AVO? - Would you accept communication through a parenting app? ## Your Role at Mediation: ### Before Mediation: 1. **Confirm safety arrangements** - Given the AVO, ensure shuttle mediation or separate rooms 2. **Prepare position statement** outlining: - Current arrangements - Ezekiel's special needs - Safety concerns - Proposed graduated approach ### During Mediation: 1. **Opening Statement** - Keep it child-focused: - "Our primary concern is Ezekiel's safety and wellbeing" - "Ezekiel has special developmental needs requiring stability" - "We seek arrangements that comply with the AVO and ensure Ezekiel's safety" 2. **Key Points to Emphasize**: - Ezekiel's young age (2 years) and special needs - Need for stability in therapy appointments - Safety concerns evidenced by AVO - Importance of graduated approach 3. **Be Prepared to Discuss**: - Supervised visit arrangements (frequency, duration, location, supervisor) - Conditions for progression (e.g., parenting courses, DV programs) - Communication methods that comply with AVO - Handover arrangements that maintain 100m distance ## Sample Consent Orders Structure: ### Parental Responsibility Given the family violence, consider whether to seek: - Sole parental responsibility for Monia; or - Equal shared parental responsibility with specific exceptions ### Lives With ``` 1. The child Ezekiel Nguyen born 17/01/2024 ("the child") live with the mother, Monia Nguyen. ``` ### Spends Time With - Graduated Approach **Phase 1 - Supervised (immediate)** ``` 2. The child spend supervised time with the father, Peter Long Nguyen, as follows: (a) Each Saturday from 10:00am to 12:00pm (b) At [specified public location/contact centre] (c) Supervised by [professional supervisor/agreed person] (d) The father to arrive 15 minutes before and depart 15 minutes after the mother to ensure compliance with AVO ``` **Phase 2 - Unsupervised Day Visits (after review)** ``` 3. After 3 months of consistent supervised visits, and subject to: (a) The father completing an approved parenting program (b) No breaches of the AVO (c) Positive supervisor reports The child spend time with the father: (a) Each Saturday from 10:00am to 2:00pm (b) Unsupervised day visits only (c) Handovers at [neutral location maintaining 100m distance] ``` **Phase 3 - Extended Time (future consideration)** ``` 4. Further arrangements to be reviewed after 6 months through family dispute resolution or as agreed in writing ``` ### Communication ``` 5. Communication between parents about the child to occur only via: (a) OurFamilyWizard app or similar; or (b) Email to specified addresses (c) In compliance with all AVO conditions ``` ### Special Provisions ``` 6. The father must not: (a) Consume alcohol or illicit substances 12 hours before or during time with child (b) Allow any person not approved by the mother to care for the child 7. The child's therapy appointments take priority over time with father ``` ## Key Negotiation Points: 1. **Start conservatively** - Given Ezekiel's age and the recent violence, propose limited supervised time initially 2. **Build in reviews** - Suggest 3-month review periods 3. **Set clear conditions** for progression: - Completion of programs - Compliance with AVO - Meeting child's developmental needs - Consistency in attendance 4. **Maintain focus** on Ezekiel's best interests, particularly his: - Need for stability - Developmental requirements - Safety and wellbeing Remember: If at any point you feel the proposals are unsafe or not in Ezekiel's best interests, you can: - Request a break to take instructions - Suggest shuttle mediation if not already in place - Ultimately advise Monia that court proceedings may be more appropriate The s60I certificate will be issued regardless of whether agreement is reached, allowing court proceedings if necessary.

# Guide to Preparing for and Attending Family Law Mediation (s 60I Certificate) for Monia Nguyen This response is based on the provided documents from the PDF ("Monia documents and files2026-02-05_144506.pdf"), which include Legal Aid NSW mediation information, funding approval, physiotherapy and occupational therapy (OT) reports for Ezekiel Nguyen, the Family Dispute Resolution (FDR checklist completed by Monia, and Apprehended Domestic Violence OrderADVO/AVO) documents against Peter Long Nguyen. I've analyzed the OCR text to extract key facts: - **Child**: Ezekiel Nguyen (DOB: 17/01/2024, age ~2 years), with gross motor skill delays requiring ongoing physiotherapy (started July 2025, two sessions attended with Monia) and OT (18-18 month waitlist). - **Mother**: Monia Nguyen (protected person under AVO). - **Father**: Peter Long Nguyen (defendant under AVO; address: 58 Burns Road, Wakeley or Unit 3/14 Scotchey Street, Prairiewood). - **AVO Details**: Provisional order (Jan/Feb 2025), final order (June 2025, expires June 2030 – 5 years). Prohibits approach within 100m of Monia, her home (Yarramundi, possibly Granville), or workplace; no contact except for accredited mediation/counseling, court-ordered matters, or written agreement about child contact. Based on assault incident (19 Jan 2025: Peter punched Monia ~15 times in head/thighs after argument). - **Other**: Previous Department of Communities and Justice (DoCJ) involvement (closed, contact: Karen Yiasoumis, 08 6980 295). Monia requests shuttle mediation, support person (sister The Anh Lo, 0404 868 974), and regular breaks. No prior mediation in 12 months; no current parenting orders. - **Mediation Context**: Legal Aid NSW-funded parenting mediation (early intervention, $400 + GST). Monia identifies as non-Aboriginal; prefers shuttle or Zoom format; has internet access. This is a high-risk case due to family violence (AVO), child's young age and special needs, and prior DoCJ involvement. Mediation must prioritize safety (shuttle/online format). The goal is to obtain a s 60I certificate (mandatory for court parenting proceedings under Family Law Act 1975, unless exempt). If agreement is reached, draft consent orders or a parenting plan; if not, use the certificate for court. **Important Note**: This is general guidance based on Australian family law (NSW/Federal Circuit and Family Court). It is not legal advice. Consult your firm's precedents, the Family Law Act 1975 (Cth), and NSW Local Court rules for ADVOs. Ensure compliance with AVO – direct contact between Monia and Peter could breach it. ## 1. Taking Instructions from Monia: Key Questions Before mediation, schedule a detailed conference (1-2 hours) to take instructions. Use the FDR checklist (pages 9-13) as a starting point – it's already partially completed by Monia (or her lawyer Dickson Simeon). Focus on child's best interests (s 60CA Family Law Act: safety, benefit of meaningful relationships, protection from harm). Tailor questions to documents for verification and gaps. Organize questions into categories. Start with rapport-building: "Monia, I want to ensure we're fully prepared to protect Ezekiel's needs and your safety. Let's go through this step by step." ### A. Verification of Documents and Background - Confirm basic facts: "Your FDR checklist lists Ezekiel's DOB as 17/01/2024 and notes muscle development delays. Is this accurate? Any updates since the physiotherapy letter (Nov 2025) or OT waitlist notice?" - Relationship history: "The AVO application (pages 21, 34-35) says you met Peter in 2010, dated from 2021, and have a 2-year-old child together. When did you separate, and has there been any reconciliation since the Jan 2025 incident?" - AVO incident: "The AVO details describe Peter pushing and punching you ~15 times on 19 Jan 2025 after an argument about his phone. Can you walk me through what happened from your perspective? Were there injuries (e.g., head lump, thigh bruising as noted)? Any photos, medical reports, or police statements to add?" - Prior AVO: "You mentioned a previous provisional AVO for 2 years. When was it made, and why was it needed?" - DoCJ involvement: "Your checklist notes past DoCJ contact (caseworker Karen Yiasoumis at Bankstown, 08 6980 295) but the case is closed. What was the reason for involvement (e.g., recent incident)? Do you consent to Legal Aid contacting DoCJ for mediation purposes, as per the checklist?" - Current status: "No legal proceedings have commenced (per checklist Q7). Are there any criminal charges against Peter from the Jan 2025 incident? Any breaches of the AVO since June 2025?" ### B. Child's Needs and Daily Life - Development and health: "Ezekiel is below average for gross motor skills (physio letter, page 6/24). How has therapy progressed? Does he need OT soon (18-month wait)? Has Peter attended any appointments? What other needs does Ezekiel have (e.g., speech, diet, sleep)?" - Routine: "Describe Ezekiel's typical day: wake-up, meals, play, therapy, bedtime. Who helps with care (e.g., your sister The Anh Lo)?" - Relationship with parents: "How does Ezekiel react to seeing Peter during supervised visits? Does he ask about his father? Any distress before/after visits?" - Concerns: "You noted concerns about Ezekiel's wellbeing with Peter (checklist Q31). What specifically worries you (e.g., Peter's understanding of delays, anger issues, supervision adequacy)?" ### C. Current Arrangements and Safety Concerns - Living/spending time: "Ezekiel lives with you (no current orders per checklist Q4). Current supervised visits with Peter: where (public place?), how often (e.g., weekly?), duration, supervisor? Any issues (e.g., no-shows, lateness)?" - Safety: "The AVO prohibits Peter approaching within 100m of you, your home (Yarramundi/Granville?), or work (checklist/support needs). Do you feel safe discussing child matters? Any recent threats/intimidation (checklist Q24-25)?" - Mediation safety: "You requested shuttle/Zoom mediation, a support person (sister), and breaks (checklist Q35, page 12). Is that still needed? Worried about safety during/after mediation (Q26-27)?" - Family violence: "Beyond the AVO, any other abuse (physical/emotional, checklist Q22)? Has Peter completed any programs (e.g., anger management)?" ### D. Monia's Goals and Proposals - Living arrangements: "You raised concerns about Ezekiel's living setup. What do you want: Ezekiel to live primarily with you? Any shared care possible given AVO/child's age?" - Time with father: "What supervised time would you accept now (e.g., 2 hours weekly in public)? Open to progression (e.g., unsupervised days after 3-6 months, if Peter does parenting course)? Frequency (1-2x/week)? Holidays/special days?" - Parental responsibility: "Do you want equal shared (joint decisions on health/education) or sole (due to violence/risk, s 60CC(2)(b))? How to communicate decisions (app/email, per AVO exceptions)?" - Communication/handovers: "AVO allows contact for mediation/child agreements (page 14/27). Prefer parenting app (e.g., OurFamilyWizard)? Handovers: at contact centre/school/third party to avoid 100m rule?" - Bottom lines: "What's non-negotiable (e.g., no overnights until review)? Ideal vs. minimum acceptable outcome? If no agreement, prepared for court?" ### E. Practical and Cultural/Logistics - Logistics: "Your phone (0410 867 602, checklist page 10); Peter's details? Work schedules? Distance between homes? Transport for visits?" - Cultural: "Non-Aboriginal (Q12-15); any cultural/religious background to consider (Q17-18, e.g., Vietnamese heritage)? Interpreter needed (Q19-21)?" - Evidence: "Any additional docs (e.g., therapy updates, DoCJ letters, visit logs)?" Document instructions in a file note. Prepare a 1-2 page position summary for the mediator (background, risks, proposals). ## 2. Your Role in the Mediation: What to Do and Say As Monia's lawyer (first-time attendance), your role is supportive/neutral: advocate for her interests, ensure child-focused/safe process, negotiate practically. Under FDR Regulations (via Legal Aid NSW, page 1), mediators are accredited FDRPs (no legal advice); you're there to advise Monia privately. Expect 1-2 sessions (2-4 hours, $400 + GST funded). ### A. Preparation (What to Do Before) - **Confirm format**: Contact mediator (Legal Aid, 02 9219 5880) for shuttle/online (essential due to AVO). Share position summary: "High-risk due to AVO (final order June 2025-June 2030); child has developmental delays; propose supervised time only." - **Safety plan**: Advise Monia on arrival (separate times/entrances), support person (sister approved), emergency contacts. If unsafe, withdraw (s 60I exemption possible). - **Documents**: Bring copies (AVO, therapy letters, checklist). No joint sessions if Monia uncomfortable. - **Advise Monia**: Explain process (confidential, without prejudice, s 10H exceptions for child abuse reporting). Goal: agreement or certificate. ### B. During Mediation (Structure and Your Actions) Mediation flow (per Legal Aid sheet, page 1): Intake (screening), joint/shuttle openings, issue exploration, negotiation, agreement/certificate. 1. **Intake/Screening (Pre-Session Call)**: - Mediator assesses suitability (FDR checklist already done). You certify: instructions taken, suitable for FDR (but note violence; page 13). - Do: Confirm shuttle; flag DoCJ history for risk assessment. 2. **Opening (Joint or Shuttle)**: - Mediator explains rules (confidentiality, no admissions in court except limited exceptions, s 10H/60I). - Do: If speaking, keep brief/child-focused (1-2 mins). Say: "Monia prioritizes Ezekiel's safety and stability given his young age and therapy needs (physio letter). The AVO (final order, expires 2030) requires all arrangements to avoid contact/100m proximity. We seek a graduated plan: Ezekiel lives with Monia; supervised public visits with Peter (e.g., 2 hours weekly), progressing only if safe and reviewed." - Support Monia if she speaks: "Monia, that's a good point about Ezekiel's routines." 3. **Issue Identification and Exploration**: - Mediator lists issues: living arrangements, time with father, supervision, communication, parental responsibility. - Do: Privately advise Monia (breaks as requested). Reality-test: "Does this proposal fit Ezekiel's therapy schedule? Comply with AVO?" Object if unsafe: "This handover risks breaching the AVO's 100m rule; we need a contact centre alternative." 4. **Negotiation**: - Shuttle: Mediator shuttles proposals. You negotiate via mediator. - Do: Propose staged plan (see section 4). Take instructions: "Monia, can you accept 1x/week supervised if Peter covers costs?" If impasse: "Given the AVO and child's needs, court may be needed for enforceable orders." - Say (examples as Monia's lawyer): - On time: "To support Ezekiel's relationship with Peter while ensuring safety, we propose starting with supervised 2-hour visits at a public park (e.g., Saturday 10am-12pm), supervised by a neutral third party, with handovers via separate arrivals (15 mins apart)." - On concerns: "Monia's primary concern is Ezekiel's wellbeing during visits, given Peter's history (AVO incident) and Ezekiel's delays. We'd need evidence of Peter's engagement (e.g., attending a parenting program) before unsupervised time." - On agreement: "This aligns with the AVO exceptions for child contact; let's document it clearly." 5. **Closing**: - If agreement: Mediator drafts heads of agreement; you refine into orders/plan. - If not: s 60I certificate issued (e.g., "genuine steps taken but no agreement due to safety"). Court considers this (s 60I(2); may refer back or award costs, s 117). - Do: Debrief Monia post-session; file if needed. ### C. Post-Mediation (What to Do After) - Agreement: Draft/file consent orders (Initiating Application, Annexure A) or parenting plan (non-binding but useful evidence). - No agreement: Advise court proceedings (file within 12 months of certificate). - Complaints: If issues, use Legal Aid feedback (page 1). Expectations: Be calm, factual, child-focused. If violence escalates, pause/end. Bill per funding (preparation time included). ## 3. Overview of the Mediation Process and Orders ### Mediation Process (Legal Aid NSW FDR, s 60I Family Law Act) - **Purpose**: Resolve parenting disputes pre-court; certificate required unless exempt (e.g., urgency, violence; s 60J). - **Format**: Accredited FDRP (Commonwealth-registered). Shuttle/Zoom due to AVO (checklist preference). 1-2 sessions; confidential (not admissible in court except child abuse reports, s 10H). - **Steps** (as above): Screening → Openings → Issues → Negotiation → Outcome. - **Fees**: $400 + GST (funded; parties contribute per agreement, page 1). - **Risks**: Mediator must screen violence (done via checklist). If unsuitable, certificate notes reason (e.g., s 60I(1)(b) – inappropriate due to AVO). - **Outcomes**: - Agreement: Parenting plan (written, signed) or consent orders (filed in court for enforceability). - No agreement: s 60I certificate (Form 1A; types: genuine effort/no agreement; court factor). - **AVO Impact**: Exceptions allow mediation/child contact (page 14/27). All proposals must comply (no direct handovers). ### Related Orders - **Parenting Orders**: Court-enforceable (s 65D); focus on child's best interests (s 60CC: safety paramount). - **AVO Interaction**: Parenting orders can't override AVO (Crimes (Domestic and Personal Violence) Act 2007 (NSW)); vary AVO if needed via Local Court. ## 4. Guide to Consent Orders and Parenting Plans: Samples for Lives With / Spends Time With Use Federal Circuit and Family Court forms (e.g., Consent Orders template). Tailor to facts: Ezekiel lives with Monia; supervised time only initially (due to AVO/age/delays). Propose graduated plan with reviews (3-6 months). Include therapy priority. Samples below are illustrative – adapt to instructions/precedents. File as Annexure A to Initiating Application. ### General Structure for Consent Parenting Orders 1. **Parties/Child**: "The Applicant: Monia Nguyen... Respondent: Peter Long Nguyen... Child: Ezekiel Nguyen (born 17/01/2024)." 2. **Recitals**: "The parties agree... considering the AVO (Fairfield Local Court, 3 June 2025) and child's needs (therapy reports)." 3. **Clauses**: As below. 4. **Operation**: "Until further order or written agreement." 5. **Liberty to Apply**: "Either party may apply on short notice for urgent variation." ### Sample Clauses: Lives With and Spends Time With #### Parental Responsibility (Decision-Making) > 1. The mother have sole parental responsibility for major long-term issues concerning the child (health, education, religion, name change), due to family violence history (AVO) and need for stability in therapy. The mother must inform the father of decisions and provide relevant information (e.g., therapy updates) via [parenting app/email]. *(Alternative if shared: "Equal shared parental responsibility... consultation via app within 7 days.")* #### Lives With > 2. The child live with the mother. *(Rationale: Primary attachment, Monia's role in therapy, AVO risks.)* #### Spends Time With (Graduated, Supervised Plan) Prioritize short, frequent visits for young child; build in safeguards. > 3. **Supervised Time (Initial Phase – Commencing Immediately)** > (a) The child spend time with the father each Saturday from 10:00 am to 12:00 pm (2 hours), supervised by a professional supervisor at [e.g., Relationships Australia Contact Centre, Fairfield] or a neutral public place (e.g., [named park]), to be agreed in writing. > (b) The father arrive 15 minutes before the mother departs (and vice versa) to ensure no breach of the AVO's 100m rule. > (c) The father pay all supervision costs. If no agreement on location, default to contact centre. > (d) This phase reviewed after 3 months via FDR or written agreement, considering supervisor reports, no AVO breaches, and child's wellbeing. > 4. **Progression to Unsupervised Day Time (After Review, If Appropriate)** > Provided: (i) no AVO breaches; (ii) father completes an approved parenting after separation program (evidence provided); (iii) positive supervisor/therapy reports; (iv) child's adjustment (no distress). > (a) From [date, e.g., 3 months post-order], the child spend unsupervised time with the father each alternate Saturday from 10:00 am to 3:00 pm. > (b) Handovers at [e.g., child's daycare/school gate or police station car park], with parents arriving/departing 15 minutes apart. No overnights. > (c) Reviewed after further 3 months. > 5. **Future Extended Time (After 6-12 Months, If Appropriate)** > Subject to further review and conditions (e.g., father attends therapy session with child, no incidents): > (a) Alternate weekends: Friday 5:00 pm to Sunday 5:00 pm (no school nights initially). > (b) One mid-week: Wednesday 3:30 pm to 6:30 pm (supervised if needed). > (c) School holidays: Equal time in blocks (e.g., first half with mother, second with father in even years), with 14 days' notice. #### Additional Clauses (To Support Above) - **Therapy Priority**: "6. The child's physiotherapy/OT appointments (as per reports dated Nov 2025) take priority over time with the father. The father must not interfere and may attend up to 2 sessions per year with notice." - **Communication**: "7. Parent-to-parent: Via [app, e.g., OurFamilyWizard] only, per AVO exceptions. Parent-to-child: Father may call/video Ezekiel [e.g., weekly, 15 mins, 6-7 pm Sundays]." - **Special Occasions**: "8. Ezekiel's birthday: 2 hours with non-primary parent. Mother's/Father's Day: With respective parent 9 am-5 pm. Christmas: Alternate years, 24 Dec-25 Dec." - **Travel**: "9. No interstate/overseas travel without mother's written consent. Father provides itinerary if agreed." - **Review/Dispute**: "10. Review after 6 months via FDR. Disputes: Return to mediation before court (s 60I)." ### Parenting Plan Guide (Non-Binding Alternative) If no court filing, use a simple plan (2-3 pages): Same structure, signed/dated. Useful for s 60I certificate evidence. Include: Goals (child's safety/development), schedules, dispute resolution. This framework assists mediation by providing clear proposals. If agreement, file within 28 days. For questions, refine based on instructions (e.g., adjust times). If needed, seek senior colleague review.

# Preparation Guide for Family Law Mediation Questions for Monia and Summary Message This guide is tailored to the documents in "Monia documents and files2026-02-05_144506.pdf," which include Legal Aid NSW mediation information, funding approval for early intervention parenting mediation ( 4 November 2025, $400 + GST), and occupational therapy (OT reports for Ezekiel (delayed gross motor skills, ongoingio since July 2025, OT waitlist 18-18 months), the Family Dispute Resolution (FDR) checklist (completed by or for Dickson Simeon, indicating shuttle/Zoom preference, AVO concerns, past DoCJ involvement), and Apprehended Domestic Violence Order (ADVO) documents (provisional Jan/Feb 2025, final June 2025 expiring June 2030, prohibiting Peter Long Nguyen from approaching within 100m of Monia Nguyen, her home in Yarramundi/Granville area, or workplace; exceptions for accredited mediation/child contact agreements; based on Jan 19, 2025 assault incident). The questions below are designed to take comprehensive instructions from Monia, focusing on living arrangements ("live with"), time with the father ("spend time with"), parental responsibility, communication, and safety—key issues for s 60I mediation under the Family Law Act 1975 (Cth). They verify document details, fill gaps, and build a child-focused position (s 60CA: best interests paramount, with safety from harm as primary consideration, s 60CC(2)(b)). Use these in a 1-2 hour conference; document responses in a file note or position summary. The draft message is a professional, without-prejudice communication (s 10H confidentiality) to the mediator and Peter's lawyer, outlining Monia's perspective and proposals. It emphasizes the AVO, Ezekiel's needs, and a graduated, safety-compliant plan to facilitate agreement or support the s 60I certificate if needed. **Important Notes**: - This is general guidance based on Australian family law (NSW/Federal Circuit and Family Court of Australia). It is not legal advice; adapt to your firm's precedents and consult the Family Law Act, Crimes (Domestic and Personal Violence) Act 2007 (NSW), and FDR Regulations. - Prioritize safety: The AVO makes direct contact a criminal offence (up to 2 years imprisonment, $5,500 fine). Propose shuttle/Zoom mediation only. - If Monia discloses new risks (e.g., child abuse), report as required (s 7ZA Family Law Act; mandatory under DoCJ protocols). - Goal: Obtain s 60I certificate (mandatory for parenting proceedings unless exempt, e.g., due to violence, s 60J). If agreement, draft consent orders/parenting plan for filing. ## 1. Questions to Ask Monia: Taking Instructions for Mediation Organize your conference thematically. Start with: "Monia, these questions will help us prepare a safe, child-focused plan for Ezekiel. We'll verify the documents and discuss what you want." Aim for open-ended questions to build rapport, then probe specifics. ### A. Verification of Documents and Background (10-15 mins) These confirm the FDR checklist (pp. 9-13), AVO (pp. 14-36), therapy reports (pp. 6-8, 24-26), and funding (p. 2). - The FDR checklist (dated ~March 2025) lists Ezekiel's DOB as 17/01/2024 and notes muscle development delays. Is this accurate? Any updates since the physio letter (6/11/2025) or OT waitlist notice? - The AVO application (pp. 21, 34-35) describes the Jan 19, 2025 incident where Peter punched you ~15 times (head and thighs) after an argument about his phone, causing a lump and bruising. Can you confirm this from your perspective? Were there injuries (e.g., medical reports, photos)? Any other unreported incidents? - The final AVO (pp. 14, 27-29) was made June 3, 2025, expiring June 3, 2030, prohibiting approach within 100m of you, your home (Yarramundi/Granville?), or workplace, with exceptions for mediation/child agreements. Has it been breached since? (Checklist Q30: No breaches noted.) - Past DoCJ involvement (checklist Q32-34): Closed case with caseworker Karen Yiasoumis (08 6980 295, Bankstown). What was the involvement (e.g., Jan 2025 incident)? Do you consent to Legal Aid contacting DoCJ for mediation? - Relationship history (AVO p. 21): Met 2010, dated 2021, on/off, separated post-Jan 2025. When did you fully separate? Any reconciliation attempts? - No current parenting orders (checklist Q4). Confirm: No legal proceedings (Q7), no expert reports (Q10-11), no prior mediation in 12 months (Q1-2)? - Logistics (checklist pp. 10-12): Your phone 0410 867 602; Peter's details? Work schedules? You prefer shuttle/Zoom mediation with support person (sister The Anh Lo, 0404 868 974) and breaks (Q35). Still needed? Internet access for Zoom (Q3)? ### B. Child's Needs and Daily Life (15-20 mins) Focus on Ezekiel's best interests (s 60CC: developmental needs, stability). - Ezekiel is ~2 years old with gross motor delays (below average; physio 2 sessions attended with you, ongoing; OT waitlist 18-18 months). Describe his current abilities (e.g., standing/walking progress)? How has therapy helped? Any other needs (speech, diet, sleep, play)? - Typical daily routine: Wake-up, meals, therapy (e.g., physio sessions?), play, bedtime? Who assists (e.g., sister The Anh Lo)? - Relationship with parents: How does Ezekiel react to seeing Peter during supervised visits? Does he show distress before/after? Ask about father? - Concerns from checklist (Q31): Wellbeing with father. What specifically worries you (e.g., Peter's understanding of delays, anger from AVO incident, supervision adequacy, exposure to violence)? - Health/education: Paediatrician Dr. Theresa Ho referred for physio (31/07/2025). Has Peter attended appointments? Future needs (e.g., Medicare chronic disease plan for 5 allied health sessions/year, p. 8)? ### C. Current Arrangements and Safety (15 mins) Link to AVO and checklist (Q24-27: Recent violence, safety fears). - Living: Ezekiel lives with you (no orders). How long? Suitable home for his needs (e.g., space for therapy)? - Supervised visits: Location (public place)? Frequency/duration (e.g., weekly 2 hours)? Supervisor? Issues (e.g., no-shows, lateness, child's reaction)? - AVO impact (Q28): Prohibits contact except mediation/child agreements. How do you currently communicate about Ezekiel (e.g., via lawyer, written)? Feel safe? (Q25-27: Can't speak freely, safety worries.) - Family violence (Q22-23): Physical/emotional abuse? Previous provisional AVO (2 years). Any ongoing intimidation? Criminal charges from Jan 2025? - DoCJ (Q32): Past involvement closed. Any new child protection concerns? ### D. Proposals for Mediation: Live With, Spend Time With, and Related Issues (20-30 mins) Core for negotiation; propose graduated plan due to AVO/child's age/delays. - **Live With**: You want Ezekiel to live primarily/solely with you for stability (therapy, primary attachment). Reasons? Open to shared care? Non-negotiable? - **Spend Time With Father**: Current supervised public visits. What would you accept now (e.g., 2 hours weekly at contact centre)? Frequency (1-2x/week)? Duration? Supervisor (professional/third party)? - Progression: Open to unsupervised day visits after 3-6 months if conditions met (e.g., no AVO breaches, Peter completes parenting/DV program, positive reports)? Overnights? Holidays/special days (e.g., alternate Christmas)? - Handovers: How to avoid 100m rule (e.g., separate arrivals 15 mins apart, contact centre, school/daycare)? - **Parental Responsibility**: Equal shared (joint decisions on health/education) or sole for you (due to violence/risk)? How to communicate (app/email per AVO exceptions)? - **Communication**: Parent-to-child (e.g., weekly video calls)? Parent-to-parent (parenting app like OurFamilyWizard to comply with AVO)? - **Other**: Travel (no overseas without consent)? Therapy priority (appointments over visits)? Review (3-6 months via FDR)? - Goals/Bottom Lines: Ideal outcome? Minimum acceptable (e.g., no overnights until review)? If no agreement, prepared for court? - Evidence: Additional docs (e.g., therapy updates, visit logs, DoCJ letters)? ### E. Practical and Emotional Preparation (10 mins) - Mediation format: Shuttle/Zoom confirmed? Support person/sister attending? - Your role: I'll advocate privately; you'll speak if comfortable. Concerns about process? - Post-mediation: If agreement, draft orders/plan; if not, s 60I certificate for court. End with: "Based on this, we'll propose a safe, staged plan prioritizing Ezekiel's needs." ## 2. Draft Message to Mediator and Peter's Lawyer: Monia's Position and Proposals Use this as an email or letter (without prejudice, confidential per s 10H). Send pre-mediation (e.g., 7-14 days before) to set expectations, promote shuttle format, and outline a child-focused position. Assume based on documents (AVO risks, child's needs); customize with Monia's instructions. **Subject: Position Summary for Upcoming s 60I Mediation - Monia Nguyen v Peter Long Nguyen (Ezekiel Nguyen)** Dear [Mediator's Name, e.g., Legal Aid NSW FDR Practitioner] and [Peter's Lawyer's Name/Firm], I act for Monia Nguyen (the mother) in the upcoming family dispute resolution (FDR) mediation scheduled for [date/time], funded by Legal Aid NSW early intervention parenting mediation (approval dated ~November 2025). This letter provides a without-prejudice summary of Monia's position, informed by the attached FDR checklist, AVO documents, and therapy reports for the parties' child, Ezekiel Nguyen (DOB: 17/01/2024, age ~2). The purpose is to facilitate a productive, child-focused session under s 60I of the Family Law Act 1975 (Cth), prioritizing Ezekiel's best interests (s 60CA), including protection from harm (s 60CC(2)(b)). ### Background and Key Facts - **Parties and Child**: Monia Nguyen (mother, primary carer) and Peter Long Nguyen (father). Ezekiel lives with Monia and has developmental delays requiring ongoing physiotherapy (2 sessions attended at Fairfield Community Health Centre since July 2025 referral by Dr. Theresa Ho; below-average gross motor skills) and occupational therapy (18-18 month waitlist). No current parenting orders exist. - **History**: The parties dated from 2021 (met 2010), separated following a serious family violence incident on January 19, 2025, detailed in the AVO application (assault: ~15 punches to head/thighs, causing injuries). A provisional AVO was made in January/February 2025, followed by a final AVO on June 3, 2025 (Fairfield Local Court, case 2025/0020961), expiring June 3, 2030. It prohibits Peter from approaching within 100m of Monia, her home (Yarramundi/Granville area), or workplace, and from contact except for accredited mediation, court-ordered child matters, or written agreements about child contact. - **Current Arrangements**: Ezekiel lives solely with Monia. Supervised visits occur in public places (details to be confirmed in mediation), with no overnights. Past Department of Communities and Justice (DoCJ) involvement (closed; caseworker Karen Yiasoumis, 08 6980 295) related to the incident; no current child protection concerns, but Monia prioritizes stability for Ezekiel's therapy. - **Safety Context**: Due to the AVO and family violence history (FDR checklist Q22-27), Monia requests shuttle or Zoom mediation only (no joint physical sessions), with her support person (sister, The Anh Lo, 0404 868 974) and regular breaks (checklist Q35). All proposals must strictly comply with the AVO to avoid breaches. Monia is committed to Ezekiel maintaining a meaningful relationship with his father where safe and beneficial (s 60CC(2)(a)), but the AVO, recent violence, and Ezekiel's young age/special needs necessitate a cautious, graduated approach. ### Monia's Proposals for Agreement Monia seeks a parenting plan or consent orders reflecting the following, subject to negotiation and Ezekiel's best interests. These prioritize safety, stability for therapy, and gradual progression. 1. **Parental Responsibility (s 61DA)**: Sole parental responsibility to Monia for major long-term issues (health, education, religion, name change), due to family violence history (AVO) and Peter's limited engagement with Ezekiel's needs. Monia will inform Peter of decisions (e.g., therapy updates) via a parenting app/email, per AVO exceptions. (Alternative: Equal shared if Peter demonstrates cooperation via programs.) 2. **Live With**: Ezekiel to live with Monia, ensuring continuity in his primary care and therapy routine. 3. **Spend Time With Father (Graduated Plan)**: - **Initial Phase (Immediate, Supervised)**: 2 hours weekly (e.g., Saturdays 10am-12pm) at a professional contact centre (e.g., Relationships Australia, Fairfield) or neutral public place, supervised by a neutral third party (Peter to cover costs). Handovers via separate arrivals/departures (15 minutes apart) to comply with 100m rule. - **Progression (After 3 Months Review)**: If no AVO breaches, positive supervisor/therapy reports, and Peter completes an approved parenting after separation program (e.g., via Relationships Australia) and DV awareness course, transition to unsupervised day visits (e.g., 4 hours alternate Saturdays, 10am-2pm). No overnights initially. - **Future Extended Time (After 6-12 Months, Subject to Further Review)**: If appropriate (e.g., child's adjustment, no incidents), alternate weekends (Friday 5pm-Sunday 5pm) and one mid-week dinner (e.g., Wednesday 5-7pm), plus half school holidays in blocks. Special occasions: 2 hours on Ezekiel's birthday with non-resident parent; alternate Christmas; respective time on Mother's/Father's Day. - **Therapy Priority**: All visits subordinate to physio/OT appointments; Peter may attend up to 2 sessions/year with notice. 4. **Communication**: - Parent-to-Child: Peter may have weekly 15-minute video calls (e.g., Sundays 6pm) when Ezekiel is with Monia. - Parent-to-Parent: Exclusively via parenting app (e.g., OurFamilyWizard) or email for child matters only, per AVO exceptions. No direct/in-person contact. 5. **Handovers and Logistics**: At contact centre/school/third-party location (e.g., Monia's sister) to maintain 100m distance. No travel outside NSW without written consent; passports held by Monia. 6. **Review and Dispute Resolution**: Arrangements reviewed after 3/6 months via FDR. Parties commit to further mediation before court (s 60I). Monia is open to reasonable variations that ensure safety and Ezekiel's wellbeing but will not agree to arrangements risking AVO breach or exposing Ezekiel to harm. We propose shuttle mediation to accommodate this. Please confirm receipt and the mediation format (shuttle/Zoom). Attached: FDR checklist, AVO copies, therapy reports. I am available to discuss pre-mediation if helpful. Yours sincerely, [Your Name] Solicitor for Monia Nguyen [Your Firm] [Contact Details] [Ref: Matter Number] **Attachments**: FDR Checklist, AVO Provisional/Final Orders, Physio/OT Letters. This message positions Monia as collaborative yet firm, using documents to substantiate risks/needs. If Monia provides different instructions (e.g., via your questions), revise accordingly. If no agreement, the s 60I certificate (e.g., "genuine efforts but no agreement due to safety") supports court filing. Let me know if you need drafts for consent orders or a full position paper.

# Form 4 in Australian Family Law: Notice of Child Abuse, Family Violence or Risk ## What is Form 4? Form 4 is a **Notice of Child Abuse, Family Violence or Risk** (also known as **Notice of Risk**) used in the Federal Circuit and Family Court of Australia. It is a mandatory form that must be filed when a party alleges or is aware of: - Child abuse or risk of child abuse - Family violence or risk of family violence - Any other safety concerns affecting a child or party to proceedings ### Key Legal Requirements: - **Mandatory under Rule 2.04E** of the Family Law Rules 2021 - Must be filed with the **Initiating Application** or **Response** to proceedings - If risks arise during proceedings, must be filed **as soon as practicable** - Required under **s 67Z** of the Family Law Act 1975 (allegations of abuse) - Supports the Court's obligation to consider safety under **s 60CC(2)(b)** (protection from harm) ### When to File: - Starting proceedings where abuse/violence is alleged - Responding to proceedings where you have safety concerns - When new risks emerge during existing proceedings - In interim/urgent applications based on risk ### Consequences of Filing: - Court may order urgent/interim measures - May trigger appointment of Independent Children's Lawyer (ICL) - Court must consider under s 60CC(2)(b) and s 60CG - May affect procedural orders (e.g., supervised time, family reports) ## Sample Completed Form 4 Template **Note**: This is a sample based on the Monia/Peter case from your documents. Actual forms must use the official Court template. --- **FORM 4** **NOTICE OF CHILD ABUSE, FAMILY VIOLENCE OR RISK** **Family Law Rules 2021 - Rule 2.04E** **FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA** **(Family Law) (Division 2)** **Court file number**: [To be allocated] or 2025/SYD/12345 **Court location**: Sydney Registry (or Parramatta) --- ### SECTION A: PARTIES **Applicant**: Full name: MONIA NGUYEN Date of birth: 29/12/1994 Address for service: c/- [Your firm name and address] **Respondent**: Full name: PETER LONG NGUYEN Date of birth: [To be inserted] Address for service: 11 Scotchey Street, Prairiewood NSW 2176 (or as updated) **Independent Children's Lawyer** (if appointed): Not yet appointed **Children**: Full name: EZEKIEL NGUYEN Date of birth: 17/01/2024 Current living arrangements: Lives with mother (Applicant) --- ### SECTION B: TYPE OF RISK **I am filing this notice because I am alleging or aware of** (tick all that apply): ☑ **Child abuse** or risk of child abuse ☑ **Family violence** or risk of family violence ☑ **Other safety concerns** (specify below) --- ### SECTION C: DETAILS OF ALLEGATIONS **1. FAMILY VIOLENCE** **Date(s) of incident(s)**: 19 January 2025 (and ongoing risk) **Location**: 58 Burns Road, Wakeley NSW **Person(s) at risk**: Monia Nguyen (Applicant) and Ezekiel Nguyen (child) **Alleged perpetrator**: Peter Long Nguyen (Respondent) **Details of allegations**: On 19 January 2025, following an argument about the Respondent's phone, the Respondent: - Pushed the Applicant onto a bed - Punched the Applicant approximately 10 times to the left side of her head - Punched the Applicant approximately 5 times to the right side of her head - Got on top of the Applicant and punched her thighs continuously for approximately 1 minute - This caused injuries including a lump on the Applicant's head and bruising to both thighs **Evidence available**: - Police report (Event No. E101732604, Fairfield Police) - Photographs of injuries taken by police - Medical records (if obtained) - Final Apprehended Domestic Violence Order No. 2025/0020961 made 3 June 2025 **Current orders**: Final AVO expires 3 June 2030, prohibiting approach within 100m **Previous incidents**: Previous provisional AVO for 2 years (dates to be confirmed) --- **2. RISK TO CHILD** **Nature of risk**: - Exposure to family violence - Physical harm during unsupervised contact - Emotional/psychological harm from witnessing violence - Risk during handovers if AVO breached **Basis for concern**: - History of violence against mother in child's presence - Respondent's demonstrated inability to control anger - Child's young age (2 years) and developmental delays requiring stable environment - Previous Department of Communities & Justice involvement (now closed) **Child's special needs**: - Gross motor skill delays (below average) - Requires ongoing physiotherapy (attending Fairfield Community Health) - On 18-month waitlist for occupational therapy - Requires stable, violence-free environment for development --- ### SECTION D: SAFETY MEASURES SOUGHT **I seek the following orders/arrangements to address the risks**: **Urgent/Interim Orders**: 1. Sole parental responsibility to the Applicant 2. Child to live with the Applicant 3. Supervised time only between child and Respondent at a contact centre 4. Compliance with existing AVO (no approach within 100m) 5. Shuttle mediation arrangements for all dispute resolution 6. Appointment of Independent Children's Lawyer **Longer-term Arrangements**: 1. Graduated supervised time progressing only after: - Completion of men's behaviour change program - Completion of parenting after separation course - No breaches of AVO - Positive reports from supervisor 2. All handovers at contact centre or with 15-minute separation 3. Communication via parenting app only 4. No overnight time until further order --- ### SECTION E: OTHER RELEVANT INFORMATION **Police/Court involvement**: - Criminal charges: [To be confirmed - assault charges pending?] - AVO proceedings: Final order made 3 June 2025 (5-year duration) - Police station: Fairfield Police Station **Support services involved**: - Previous DoCJ involvement (Karen Yiasoumis, 08 6980 295) - case closed - Fairfield Community Health Centre (physiotherapy) - Legal Aid NSW (mediation funding approved) **Previous family law proceedings**: None **Mediation**: - s 60I mediation scheduled - Shuttle/separate room arrangements required due to AVO - Safety concerns about attending joint sessions --- ### SECTION F: DECLARATION **I declare that**: - The information in this notice is true and correct to the best of my knowledge - I understand that making false allegations may result in penalties - I have a genuine belief that the child/parties are at risk - I will inform the Court immediately if circumstances change **Signature**: _________________________ **Name**: MONIA NGUYEN **Date**: [Current date] **Lawyer's certification** (if represented): I certify that I have advised my client about the obligations regarding this notice and the consequences of making false allegations. **Lawyer's signature**: _________________________ **Name**: [Your name] **Date**: [Current date] --- ### ATTACHMENTS 1. Copy of Final AVO (3 June 2025) 2. Copy of police report/statement 3. Photographs of injuries 4. Physiotherapy report (6 November 2025) 5. Occupational therapy referral 6. FDR checklist indicating safety concerns --- ## Important Notes: 1. **Use Official Form**: This sample is for illustration. Download the current Form 4 from the Federal Circuit and Family Court website. 2. **Legal Advice Essential**: False allegations can result in costs orders or criminal charges. Ensure all allegations are supportable. 3. **Confidentiality**: Form 4 is not confidential from the other party but may have restricted circulation regarding children's details. 4. **Update Duty**: Must update if risks change or resolve. 5. **Service**: Must be served on all parties according to Court rules. This form triggers important Court processes for protecting children and parties at risk. It should be completed carefully with supporting evidence where available.

# Guide to District Court Appeals from Local Court in NSW ## Overview of Appeal Process In NSW, appeals from the Local Court to the District Court are governed by the **Crimes (Appeal and Review) Act 2001 (NSW)** and the **District Court Rules 2018**. The type of appeal and available materials depend on whether you're appealing: 1. **Conviction only** (s 11) 2. **Severity of sentence only** (s 11) 3. **Both conviction and sentence** (s 11) 4. **Prosecution appeal against sentence** (s 23) ## Key Steps for Filing an Appeal ### 1. **Time Limits** (Critical) - **28 days** from date of conviction/sentence to file Notice of Appeal - Can apply for **leave to appeal out of time** under s 12 if good reason - Time runs from date of sentence (not conviction if sentenced later) ### 2. **Filing Requirements** File with District Court Registry: - **Form 1** - Notice of Appeal (District Court Criminal Practice Note 17) - **Filing fee** (or fee waiver application if applicable) - **Copy of court attendance notice/charge sheet** - **Copy of Local Court judgment** (if available) - **Bail undertaking** (if applicable) ### 3. **Service** - Serve on DPP/Police Prosecutor within 7 days - File affidavit of service ### 4. **Transcript** - Order Local Court transcript immediately - Court Recording Services: 1300 681 324 - Essential for conviction appeals ## Subjective Materials: New vs Original ### General Rule The District Court appeal is a **"de novo"** hearing (fresh hearing), meaning: - Court rehears the matter completely - Not bound by Local Court findings - Can admit new evidence ### Subjective Materials Specifically **You CAN submit new subjective materials**, including: - Updated character references - Recent psychological/psychiatric reports - Evidence of rehabilitation since sentence - Changed circumstances - Employment/education updates - Completion of programs/counselling **You SHOULD also include**: - All materials used in Local Court (shows consistency) - Explanation for any new materials - Cover letter highlighting changes/updates ### Strategic Considerations **When to submit new materials**: 1. **Positive developments** since sentence: - Completed rehabilitation programs - Obtained employment - Addressed underlying issues (addiction, mental health) - Community service/contributions 2. **Materials unavailable at sentence**: - Reports that weren't ready - References from people unavailable earlier - Medical evidence discovered later 3. **Addressing Local Court concerns**: - If Magistrate identified specific issues - Evidence directly responding to those concerns **When to rely on original materials**: - Strong materials that weren't properly considered - Appeal based on legal error rather than fresh evidence - No significant changes since sentence ## Practical Checklist ### Immediate Actions (Days 1-7) - [ ] Calculate appeal deadline - [ ] Obtain Local Court reasons (if ex tempore, order transcript) - [ ] File Notice of Appeal - [ ] Serve prosecution - [ ] Apply for bail variation if needed ### Preparation Phase (Days 8-21) - [ ] Order full transcript - [ ] Review original subjective materials - [ ] Identify gaps or updates needed - [ ] Commission new reports if required - [ ] Contact character referees for updated references ### New Subjective Materials to Consider - [ ] Updated criminal history - [ ] Fresh psychological/psychiatric assessment - [ ] Drug and alcohol assessment - [ ] Character references (especially new referees) - [ ] Employment records/offers - [ ] Education enrollment/completion - [ ] Rehabilitation program certificates - [ ] Community service records - [ ] Financial circumstances (for fine appeals) - [ ] Medical reports - [ ] Family circumstances updates ### Pre-Hearing (Final Week) - [ ] Compile appeal book with: - Notice of Appeal - Original materials - New materials - Transcript - Submissions - [ ] File and serve appeal book - [ ] Prepare oral submissions - [ ] Brief counsel (if applicable) ## Important Considerations ### Severity Appeals For severity appeals under **Dinsdale v R** (2000) 202 CLR 321: - Must show sentence "manifestly excessive" - Error in sentencing process - Fresh evidence showing sentence inappropriate ### Double Jeopardy Warning: Appeal against severity only can result in: - Same sentence - Reduced sentence - **Increased sentence** (though rare) ### Legal Representation Consider briefing counsel because: - District Court more formal than Local Court - Judge may ask complex legal questions - Prosecution usually represented by Crown Prosecutor ## Sample Cover Letter for New Materials ``` TO: The Registrar, District Court of NSW RE: R v [Client Name] - Appeal No. [Number] New Subjective Materials 1. We act for the Appellant who appeals against [conviction/severity]. 2. Enclosed are updated subjective materials comprising: - [List new materials] 3. These materials were not available at sentence because: - [Explain timing/reasons] 4. The new materials demonstrate: - [Key points supporting appeal] 5. We also rely upon the original materials filed in the Local Court (annexed to the Appeal Book at Tab X). [Your details] ``` ## Key Authorities - **Crimes (Appeal and Review) Act 2001** - statutory framework - **House v R** (1936) 55 CLR 499 - de novo nature - **Dinsdale v R** (2000) 202 CLR 321 - severity appeals - **Parker v DPP** (1992) 28 NSWLR 282 - fresh evidence ## Costs Generally no costs orders in criminal appeals unless: - Appeal frivolous/vexatious - Prosecution appeal succeeds **Remember**: The District Court has full discretion to: - Admit new evidence - Increase or decrease sentence - Confirm or quash conviction - Order new trial (rare) Always advise your client of these risks before proceeding with an appeal.